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Man who killed pensioner while drink driving has remainder of sentence suspended
Summary
In 2010, Gerard Brett, aged 68, was found guilty of dangerous driving that caused the death of Benedict Brady, 87, on Portrane Road, Dublin. He was sentenced in 2012 to two years' imprisonment. On appeal in 2014, the Court of Appeal suspended the remaining 18 months of his sentence, citing his serious kidney condition requiring dialysis three times a week and his previously unblemished character as a psychiatric nurse. The court noted that Brett had driven while intoxicated, weaving across the road, and that his impaired capacity contributed to the fatality. The suspended portion was conditional on Brett keeping the peace, maintaining good behaviour, and entering a €100 bond. He was also directed not to apply for a driving licence. The decision was made by Mr Justice Sean Ryan, with counsel for the applicant Mícheál P O Higgins SC and counsel for the State Vincent Heneghan BL presenting their arguments.
Who, what, where, when and why
What: Report matter: Man who killed pensioner while drink driving has remainder of sentence suspended. Charges or matters: dangerous driving resulting in the death of Benedict Brady (87) on Portrane Road in North County Dublin on 21 of January 2010. Procedural stage: appeal
When:
- January 2010 Hearing Or Sentence
- March 2012 Hearing Or Sentence
- 2014-12-18 Publication
Case subjects
Convicted Person
Charges: dangerous driving resulting in the death of Benedict Brady (87) on Portrane Road in North County Dublin on 21 of January 2010 (Admitted)
Plea: Guilty
Outcome: In March 2012 he was sentenced to two years imprisonment by Judge Martin Nolan at Dublin Circuit Criminal Court. There was an error in principal not finding it appropriate to suspend the balance of the sentence." The remaining 18 months was suspended on the condition that Brett keep the peace and be on good behaviour entering into a bond of €100.
Places mentioned
- Marton Street
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
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